Mom Jailed for Ignoring Rule of Law + Parental Alienation

Mom Jailed for Ignoring Rule of Law + Parental Alienation

Tennessee child custody modification case summary.

Corey L. Choate v. Amanda Kay Choate (Ralston)

The parents in this Bradley County, Tennessee, case were the parents of two children, born in 2003 and 2008, when they divorced in 2015.  The father was named the primary residential parent of the son, with the mother being named primary residential parent for the daughter.

In 2017, the father went back to court requesting a modification of the parenting plan, and asking that the mother be held in criminal contempt.  After mediation, the court kept the designations in place, but provided for essentially equal co-parenting time.  An attorney was chosen to serve as parenting coordinator to resolve any differences.

In 2018, the father went back to court with another petition for modification.  He alleged that the mother had not permitted his parenting time.  When the mother demanded specificity, he produced a document setting out 592 allegations of contempt.

At the hearing, the mother asked the court to read the allegations aloud in court.  The trial court denied the request, noting that “she’s got a lawyer who’s perfectly capable of reading those things to her.”

Trial was held, and the court issued an extremely detailed 72 page order and noted that the case was the worst case of alienation the court had seen in 21 years.  The court found that the mother had failed to consult with the father on education matters, and had prevented him from talking to the child.

The court held that there had been a material change of circumstances, and the father was named the primary residential parent.  The court also found that the criminal contempt had been proven beyond a reasonable doubt.  The father was granted custody for 120 days after trial, with the mother receiving alternate weekends after that time had passed.

The mother was sentenced to 200 days in jail and fined over $28,000.  The father was also awarded attorney’s fees of about $7000.  The mother then appealed to the Tennessee Court of Appeals.

The mother first argued that she did not receive adequate notice of the criminal contempt charges because they were not read in court.

The appeals court turned to the Rules of Criminal Procedure, which specify the notice that must be given in a contempt case, but the court pointed out that notice may be oral or by written order.   The court also noted that the mother had said that she understood the proceedings and that her attorney had gone over the notice with her.

The mother next argued that the 573 charges were not proved beyond a reasonable doubt.   She made an argument that the father’s actions were the “root cause” of the dispute.  But the appeals court noted that on appeal, she had the burden of showing that the evidence was insufficient, and she had failed to meet this burden.  The appeals court pointed out that there was voluminous testimony which supported the trial court’s findings.  Therefore, it affirmed.

The mother also argued that the jail sentence and fine were excessive.  The trial court had found that the mother had no inclination to follow court orders and continued to deprive the father of parenting time.  The appeals court agreed that the mother had shown no respect for the rule of law in this case, and that the punishment was “justly deserved.”

For these reasons, the Court of Appeals affirmed the lower court’s rulings.  It also remanded the case with instructions that the lower court should award the father his attorney’s fees for the appeal.

No. E2020–01503-COA-R3-CV (Tenn. Ct. App. Oct. 25, 2021).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Modifying Custody & Parenting Plans.

See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets from real cases available on Amazon.com.